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MEMORANDUM OF UNDERSTANDING C-9-0825 <br />1 executed by the AGENCIES. <br />2 7. This MOU shall be governed by all applicable federal, state and local laws. The <br />3 AGENCIES warrant that in the performance of this MOU, each shall comply with all applicable <br />4 federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations <br />5 promulgated there under. <br />6 8. Each AGENCY shall be excused from performing its obligations under this MOU <br />7 during the time and to the extent that it is prevented from performing by an unforeseeable cause <br />8 beyond its control, including but not limited to: any incidence of fire, flood; acts of God; <br />9 commandeering of material, products, plants or facilities by federal, state or local government; <br />10 national fuel shortage; or a material act or omission by any other agency; when satisfactory <br />11 evidence of such cause is presented to the other agencies, and provided further such <br />12 nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the <br />13 agency not performing. <br />14 9. Any notice sent by first class mail, postage paid, to the address and addressee, shall <br />15 be deemed to have been given when in the ordinary course it would be delivered. The <br />16 representatives of the agencies who are primarily responsible for the administration of this <br />17 MOU, and to whom notices, demands and communications shall be given are as detailed in <br />18 signature section. <br />19 10. This MOU shall continue in full force and effect through June 30, 2012, unless <br />20 terminated earlier by AUTHORITY. The AGENCIES may elect to extend the term of this MOU for an <br />21 additional six (6) months commencing July 1, 2012 and ending December 31, 2012. <br />22 11. The term of this MOU may only be extended upon mutual written MOU by all <br />23 agencies. <br />24 / <br />25 / <br />26 / <br />Page 5 of 10